DISCLAIMER OF LIABILITY
PLEASE READ THIS DISCLAIMER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND TRAVEL INSURANCE AGREEMENT (THE “DISCLAIMER”) IN ITS ENTIRETY BEFORE ACCESSING OR USING CruiseBooking.com (THE “WEBSITE”) OR BOOKING ANY TRAVEL-RELATED PRODUCTS OR SERVICES THROUGH eTravel.com (COLLECTIVELY, THE “AGENCY”). By accessing, browsing, or otherwise using the Website, or by making any reservation, payment, or booking for travel products or services (including but not limited to cruises, flights, accommodations, tours, transfers, or insurance) through the Agency, you (“Traveler,” “you,” or “your”) acknowledge that you have carefully read, fully understand, and unconditionally agree to all terms, conditions, limitations, waivers, and releases set forth in this Disclaimer. If you do not agree with any provision of this Disclaimer, you must immediately cease all use of the Website and refrain from booking or purchasing any Services through the Agency.
This Disclaimer constitutes a binding contractual agreement between you and the Agency, governs your entire relationship with the Agency, and applies to any and all interactions, transactions, communications, content, or materials exchanged between you and the Agency. It is your responsibility to review this Disclaimer prior to each use of the Website or any booking, as the Agency reserves the right to modify or update these terms at any time without prior notice, and your continued use of the Website or completion of any booking after such modifications will constitute acceptance of the revised terms.
COMPREHENSIVE DISCLAIMER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND TRAVEL INSURANCE AGREEMENT (Effective Date: Jan 1 2026)
IMPORTANT – PLEASE READ CAREFULLY. By accessing or using CruiseBooking.com (the “Website”), including any mobile or online applications, content, and services provided by CruiseBooking.com and its parent, eTravel.com (collectively, the “Agency,” “we,” “us,” or “our”), you (“Traveler,” “you,” or “your”) expressly agree to be bound by all terms, conditions, limitations, waivers, and releases set forth in this Disclaimer of Liability, Assumption of Risk, Indemnification, and Travel Insurance Agreement (“Disclaimer”). If you do not agree with any provision of this Disclaimer, you must immediately discontinue use of the Website and refrain from booking or purchasing any travel-related services through the Agency.
TABLE OF CONTENTS
- 1. Definitions
- 2. Agency Role & Third-Party Suppliers
- 3. No Warranties; Accuracy of Information
- 4. Assumption of Risk & Release
- 5. Mandatory Travel Insurance: Consumer Responsibility
- 6. Payment, Pricing & Cancellation Policies
- 7. Data Protection, Privacy & GDPR Compliance
- 8. Accessibility & ADA Notices
- 9. Health, COVID-19 & Other Public Health Advisories
- 10. Visa, Passport & Entry Requirements
- 11. Force Majeure
- 12. Dispute Resolution, Arbitration & Class-Action Waiver
- 13. Limitation and Disclaimer of Liability
- 14. Indemnification
- 15. Intellectual Property
- 16. Electronic Communications
- 17. Severability, Waiver & Amendments
- 18. Survival of Provisions
- 19. Governing Law & Jurisdiction
- 20. Acknowledgment & Acceptance
- 21. SUPPLIERS’ ACTIONS AND AGENCY DISCLAIMERS
1. DEFINITIONS
For purposes of clarity and uniform interpretation, the following capitalized terms shall have the meanings assigned below:
- “Agency” – CruiseBooking.com and eTravel.com, including all parent, subsidiary, and affiliate entities, and their respective officers, directors, employees, agents, and representatives.
- “Traveler,” “you,” or “your” – Any individual or entity who accesses the Website or books any travel-related services through the Agency.
- “Supplier” – Any independent third-party provider of travel products or services (e.g., cruise lines, airlines, hotels, ground transportation companies, tour operators, activity providers, rental car companies, and other service providers) contracted by the Agency on behalf of Travelers.
- “Services” – All travel-related products, accommodations, bookings, arrangements, and ancillary services marketed, booked, or provided by the Agency through the Website.
- “Booking” – Any reservation, confirmation, electronic or paper ticket, voucher, or contract for Services made through the Website.
- “Itinerary” – The consolidated schedule of travel Services, including dates, times, locations, and Suppliers, confirmed by the Agency and provided to the Traveler.
- “Force Majeure Event” – Any event or circumstance beyond the Agency’s reasonable control, including but not limited to acts of God, terrorism, war, civil unrest, government actions or orders, labor strikes, epidemics, pandemics, natural disasters, mechanical failures, or other occurrences that could not have been prevented through the exercise of reasonable care.
2. AGENCY ROLE & THIRD-PARTY SUPPLIERS
2.1 Limited Agency Relationship
- The Agency functions exclusively as an agent or intermediary for independent Suppliers.
- The Agency does not own, control, or operate any transportation carrier, vessel, hotel, or other service facility.
2.2 No Control Over Supplier Operations
- We disclaim any liability for the acts, omissions, errors, or defaults of Suppliers.
- Changes in itineraries, delays, cancellations, or modifications to Services are at the sole discretion of Suppliers and subject to their terms and conditions.
2.3 Traveler Obligations to Suppliers
- Travelers must comply with all Supplier requirements, including but not limited to:
- Check-in, reconfirmation, and documentation deadlines;
- Valid passport, visa, health, and vaccination requirements;
- Payment of any taxes, fees, fuel surcharges, and incidental supplier charges;
- Adherence to baggage, seating, cabin assignment, and smoking/non-smoking policies.
2.4 Separate Supplier Contracts
- Each Booking constitutes a separate contract between the Traveler and the Supplier.
- To the extent Supplier terms conflict with this Disclaimer, Supplier terms govern provided they do not materially diminish the protections provided to Travelers herein.
3. NO WARRANTIES; ACCURACY OF INFORMATION
NO WARRANTIES
All products, services, advice, merchandise, and information offered or made available through this Website are provided strictly on an “AS IS” and “AS AVAILABLE” basis. THE AGENCY DISCLAIMS ALL WARRANTIES, whether express, implied, statutory, or otherwise, including but not limited to:
Title or Ownership – that any product or service is free of liens or claims of third parties.
- Merchantability – that any product or service is fit for ordinary purposes.
- Fitness for a Particular Purpose – that any product or service meets your specific needs or intended uses.
- Accuracy, Completeness, or Reliability – of any information, data, content, or advice provided.
- Non-Infringement – that use of the Website or its content will not infringe third-party rights.
- Performance or Availability – that the Website, its software, or any associated service will operate uninterrupted or error-free.
WITHOUT LIMITING THE FOREGOING, the Agency makes no warranty or guarantee:
- That any purchase or booking will meet your expectations or result in desired outcomes;
- That you will obtain the lowest available price or the best terms through this Website or any third-party retailer;
- That any product or service will be available at all, or at any particular time or location;
- That your use of the Website, its software, or any linked site will be secure, free of viruses, or error-free;
- That any results, outcomes, or benefits will be achieved by using the Website or its content.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH IT IS AT YOUR SOLE RISK. The entire risk as to satisfactory quality, performance, accuracy, and effort rests with you.
3.1 “AS-IS” and “AS-AVAILABLE”
- All information, content, images, pricing, and availability displayed on the Website or provided by Agency staff is furnished on an “AS-IS” and “AS-AVAILABLE” basis without warranty.
3.2 Disclaimer of Express & Implied Warranties
- THE AGENCY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR USAGE IN TRADE.
3.3 No Guarantee of Accuracy or Completeness
- Despite our best efforts, the Website may contain errors, omissions, or outdated information.
- Prices, fares, schedules, and availability are subject to change until confirmed by final payment.
3.4 Traveler Responsibility to Verify
- Travelers must verify all details—including dates, times, vessel names, flight numbers, port calls, excursions, and cancellation policies—prior to booking and departure.
4. ASSUMPTION OF RISK & RELEASE
4.1 Acknowledgment of Inherent Travel Risks
By booking or undertaking travel through the Agency, Travelers acknowledge and accept inherent risks, including but not limited to:
- Mechanical or technical failures;
- Delays, cancellations, or rescheduling;
- Weather events, natural disasters, or force majeure;
- Political instability, terrorism, or civil unrest;
- Health hazards, epidemics, pandemics, or public health emergencies;
- Supplier insolvency or bankruptcy;
- Theft, loss, or damage to personal property.
4.2 Voluntary Assumption of Risk
- Travelers voluntarily assume all such risks and waive claims against the Agency.
4.3 General Release
- Travelers hereby release and discharge the Agency, its officers, directors, employees, agents, and affiliates from any liability, claims, demands, or causes of action arising from or related to travel risks.
5. MANDATORY TRAVEL INSURANCE: CONSUMER RESPONSIBILITY
5.1 Mandatory Coverage Requirement
As a condition of booking, Travelers must obtain comprehensive travel insurance prior to departure, covering at minimum:
- Trip Cancellation & Interruption;
- Emergency Medical & Dental;
- Emergency Medical Evacuation & Repatriation;
- Baggage Loss, Damage & Delay;
- Accidental Death & Dismemberment.
5.2 Recommended Enhancements
- The Agency strongly recommends “Cancel-For-Any-Reason” (CFAR) upgrades and coverage for pre-existing conditions.
- Travelers should consider supplemental riders for high-value items and adventure activities.
5.3 Disclosure of Policy Exclusions & Limitations
- Standard policies may exclude coverage for known events, acts of war, epidemics when travel advisories are issued, or failure to timely file claims.
- Travelers must carefully review policy terms, conditions, and limitations.
5.4 Agency Non-Advisory Role
- Any insurance descriptions by Agency staff are informational only and do not constitute legal or insurance advice.
- The Agency does not underwrite, issue, or service insurance policies.
5.5 Traveler Acknowledgment
- Travelers acknowledge that procuring adequate insurance is their sole responsibility and that the Agency bears no liability for claim denials or coverage gaps.
6. PAYMENT, PRICING & CANCELLATION POLICIES
6.1 Pricing Accuracy & Changes
- Quoted prices are subject to change until full payment is received.
- Suppliers may impose surcharges, fuel fees, or taxes up to departure.
6.2 Payment Terms
- Deposit and final payment deadlines are set by Suppliers.
- Late or missed payments may incur penalties, cancellation, or forfeiture of deposits.
6.3 Cancellation & Refunds
- All cancellation and change requests are governed by Supplier policies.
- The Agency will attempt to assist but makes no guarantee of refunds or fee waivers.
7. DATA PROTECTION, PRIVACY & GDPR COMPLIANCE
7.1 Personal Data Collection & Use
- We collect personal data (e.g., name, contact details, travel documents) necessary for booking Services.
- Data use is governed by our Privacy Policy at [Privacy Policy URL].
7.2 GDPR & International Data Transfers
- For EU Residents, we comply with the General Data Protection Regulation (GDPR).
- You have rights to access, correct, delete, or restrict processing of your personal data.
- Transfers of data outside your jurisdiction are safeguarded by appropriate legal mechanisms (e.g., Standard Contractual Clauses).
7.3 Third-Party Sharing
- Data may be shared with Suppliers, payment processors, and government authorities as required.
- We do not sell or rent personal data for marketing without consent.
7.4 Traveler Responsibility
- Travelers must provide accurate and complete data.
- The Agency is not liable for consequences arising from incorrect or incomplete information.
8. ACCESSIBILITY & ADA NOTICES
8.1 Commitment to Accessibility
- The Agency strives to ensure the Website and Services are accessible to individuals with disabilities.
- We follow Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
8.2 Reasonable Accommodations
- Suppliers may have specific accessibility provisions. Travelers should notify the Agency and Suppliers of any special needs at the time of booking.
9. HEALTH, COVID-19 & OTHER PUBLIC HEALTH ADVISORIES
9.1 Health Advisory Notices
- Travelers must monitor and comply with health advisories issued by governments and international bodies (e.g., WHO, CDC, ECDC).
- The Agency provides links and updates but disclaims responsibility for health outcomes.
9.2 COVID-19 Specific Measures
- COVID-19 testing, vaccination, quarantine, and mask mandates may apply.
- Travelers must verify requirements at origin, transit, and destination points prior to travel.
9.3 Other Public Health Emergencies
- Similar guidelines apply to future outbreaks, epidemics, or pandemics.
- No warranty is made regarding the absence of public health risks.
10. VISA, PASSPORT & ENTRY REQUIREMENTS
10.1 Traveler Responsibility
- Travelers are solely responsible for securing valid passports, visas, permits, and health documentation for all destinations and transit countries.
- The Agency provides guidance only; final responsibility rests with the Traveler.
10.2 Non-Compliance Consequences
- The Agency is not liable for denied boarding, refusal of entry, deportation, fines, or other penalties due to improper documentation.
11. FORCE MAJEURE
11.1 Excused Performance
- The Agency is excused from performance or liability due to Force Majeure Events.
11.2 Notification & Mitigation
- Upon occurrence, the Agency will use reasonable efforts to notify Travelers and arrange alternatives if feasible, but no guarantees are made.
12. DISPUTE RESOLUTION, ARBITRATION & CLASS-ACTION WAIVER
12.1 Informal Resolution
- Parties should first attempt to resolve disputes informally via Agency customer service.
12.2 Binding Arbitration
- Any unresolved dispute shall be submitted to binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules.
- The arbitration shall take place in Orange County, Florida, unless otherwise agreed.
- The arbitrator’s award is final and binding; judgment may be entered in any court of competent jurisdiction.
12.3 Class-Action Waiver
- Travelers and the Agency agree to pursue claims individually and waive the right to a class action or representative proceeding.
13. LIMITATION AND DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, neither the Agency nor any of its parent companies, affiliates, officers, directors, employees, agents or suppliers (collectively, “Released Parties”) shall be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to:
- Lost profits or business opportunities
- Loss of data, loss of use, or loss of privacy
- Business interruption or operational downtime
- Personal injury, emotional distress, or wrongful death
- Costs of procuring substitute goods or services
- Any other pecuniary or non-pecuniary loss
arising out of or in connection with this Agreement, your use or inability to use the Website, any products, services or information obtained through the Website, or the provision or failure to provide support or maintenance services—even if the Released Parties have been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy.
This limitation applies regardless of the legal theory under which a claim is brought (including contract, tort, negligence, strict liability or otherwise) and will survive termination or expiration of this Agreement. If, notwithstanding the foregoing, any Released Party is found liable for any damages, its aggregate liability shall not exceed the greater of (a) the total amount actually paid by you to the Agency for the specific services giving rise to the claim, or (b) one U.S. dollar (US $1.00).
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, the aggregate liability of the Agency and its Suppliers (together, the “Released Parties”) for any and all claims, damages, losses, or causes of action, whether in contract, tort (including negligence), strict liability, or otherwise, shall be strictly limited to the greater of:
- The total amount you actually paid to the Agency for the specific products, services or information giving rise to the claim; or
- One U.S. dollar (US $1.00).
IN NO EVENT shall any Released Party be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (including, without limitation, lost profits, business interruption, loss of data or goodwill, costs of replacement services, personal injury, or emotional distress), even if advised of the possibility of such damages or if any limited remedy fails of its essential purpose.
These limitations and exclusions apply to the fullest extent permitted by applicable law and survive termination or expiration of this Agreement.
13.1 Monetary Cap
- TO THE EXTENT PERMITTED BY LAW, the Agency’s total liability for all claims shall not exceed the greater of:
- The total amount paid by the Traveler for the affected Services; or
- One U.S. Dollar (US $1.00).
13.2 Exclusion of Consequential Damages
- The Agency is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, lost data, or emotional distress, even if advised of the possibility of such damages.
14. INDEMNIFICATION
14.1 Traveler Indemnity Obligation
- Travelers agree to indemnify, defend, and hold harmless the Agency, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
- Traveler’s breach of this Disclaimer;
- Traveler’s negligence or willful misconduct;
- Claims by third parties resulting from Traveler’s use of the Website or booked Services;
- Violation of applicable laws or Supplier terms by the Traveler.
15. INTELLECTUAL PROPERTY
15.1 Ownership
- All content, trademarks, service marks, logos, designs, and software on the Website are the exclusive property of the Agency or its licensors.
15.2 Limited License
- Travelers are granted a non-exclusive, revocable license to access and use the Website solely for personal, non-commercial purposes.
15.3 Prohibited Actions
- No reproduction, distribution, modification, or derivative use of Website content is permitted without express written consent from the Agency.
16. ELECTRONIC COMMUNICATIONS & RECORDS
16.1 Consent to Electronic Delivery
- By providing your email and/or electronic contact information, Travelers consent to receive booking confirmations, invoices, notices, policy updates, and promotional materials electronically.
16.2 Validity of Electronic Records
- Electronic records satisfy any legal requirement for written communications to the fullest extent permitted by law.
17. SEVERABILITY, WAIVER & AMENDMENTS
17.1 Severability
- If any provision of this Disclaimer is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
17.2 Waiver
- No waiver of any right or remedy hereunder shall be effective unless in writing, and no waiver of any breach shall constitute a waiver of any subsequent breach.
17.3 Amendments
- The Agency reserves the right to amend this Disclaimer at any time by posting the revised version on the Website with an updated effective date. Continued use of the Website after such changes constitutes acceptance of the amended Disclaimer.
18. SURVIVAL OF PROVISIONS
- All provisions of this Disclaimer that by their nature should survive termination or expiration (including but not limited to Sections 3, 4, 5, 11, 12, 13, 14, 17, 19, and 20) shall survive any cancellation, completion of travel, or termination of Booking.
19. GOVERNING LAW & JURISDICTION
- This Disclaimer and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the federal or state courts located in Orange County, Florida, USA, to resolve any disputes.
19. GOVERNING LAW & JURISDICTION
- This Disclaimer and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the federal or state courts located in Orange County, Florida, USA, to resolve any disputes.
20. ACKNOWLEDGMENT & ACCEPTANCE
By proceeding with any Booking, retaining any tickets or vouchers, or continuing to use the Website, you acknowledge that you have:
- Read, understood, and agreed to be bound by all terms of this Disclaimer;
- Had the opportunity to seek independent legal, tax, or insurance advice;
- Accepted and assumed all risks associated with travel;
- Acknowledged the mandatory requirement to obtain and maintain adequate travel insurance;
- Agreed to indemnify, defend, and hold harmless the Agency as set forth above;
- Waived any rights to class or representative actions and agreed to binding arbitration where applicable.
21. SUPPLIERS’ ACTIONS AND AGENCY DISCLAIMERS
All pricing, availability, and descriptive information displayed on the Website are believed to be accurate at the time of publication; however, inadvertent errors, omissions, or typographical mistakes may occur. The Agency expressly disclaims any warranty or guarantee as to the accuracy, completeness, currency, or reliability of such information, including but not limited to pricing, product or service descriptions, or availability.
The Agency acts solely as an agent or intermediary for independent third-party suppliers (“Suppliers”) and has no control over—and therefore assumes no responsibility for—the acts, omissions, representations, warranties, breaches, negligence, or defaults of any Supplier. Accordingly:
No Liability for Supplier Conduct
The Agency shall not be liable for any claim, loss, damage, injury, delay, or expense arising out of or in connection with any act or failure to act by a Supplier, including but not limited to:
- Mechanical or technical failures, schedule changes, cancellations, or overbooking;
- Errors or inaccuracies in Supplier-provided itineraries, pricing, or product descriptions;
- Failure to honor confirmed reservations, cabin or seat assignments, or special requests;
- Health or safety incidents, personal injury, illness, or death;
- Property loss, theft, or damage;
- Bankruptcy, insolvency, or financial default of a Supplier;
- Acts of God, weather events, governmental actions, or civil unrest affecting Supplier performance.
Travel Delays and Cancellations
- Any delay, cancellation, rerouting, or modification of Services (including cruise port changes or itinerary revisions) due to mechanical issues, weather conditions, labor disputes, security concerns, pandemics, or other events beyond the Supplier’s control shall be at the Supplier’s sole discretion. The Agency is not responsible for arranging or providing compensation, alternative transportation, accommodations, or other remedies—any such remedies are solely within the Supplier’s discretion and governed by the Supplier’s own policies and procedures.
No Implied Endorsement
- References to or links to Supplier websites, services, or materials do not imply endorsement, approval, or affiliation by the Agency. Your contractual relationship concerning the purchase, performance, and quality of travel Services is exclusively with the Supplier.
By proceeding with any Booking, you acknowledge and agree that any claim related to the provision, quality, or performance of travel Services must be brought directly against the Supplier, and that the Agency shall have no liability for, and is fully released from, any such claims.
IF YOU DO NOT AGREE WITH ANY PART OF THIS DISCLAIMER, DO NOT PROCEED WITH ANY BOOKING OR USE OF THE WEBSITE.